9th Circuit to decide if youth-led climate case goes to trial

Wednesday

A federal judge has reconsidered her position and agreed that an appeals court may decide if trial should go forward in a youth-led climate case against the government.

U.S. District Judge Ann Aiken on Wednesday issued an order certifying the case for "interlocutory" pretrial appeal before the U.S. 9th Circuit Court of Appeals. Aiken also suspended pretrial proceedings in the case, which had been set to go to trial last month in Eugene but has been postponed while the government seeks dismissal.

The government repeatedly has tried to get the matter thrown out of court, and Aiken previously denied requests that asked her to agree to have the appeals court potentially review orders she has made in the case.

Aiken wrote in the order issued Wednesday that she stands by her prior rulings and continues to believe the case "would be served by further factual development at trial." But she also said that she's taking "particular note" of a pair of orders issued in recent months by the U.S. Supreme Court. Justices with the nation's high court have said Aiken's rulings present "substantial grounds for difference of opinion."

If the appeals court decides the case is not appropriate for pretrial review, the government could ask the Supreme Court to review that decision.

Attorneys for the plaintiffs say they are ready to immediately proceed to trial. One of the lawyers, Philip Gregory, said Wednesday that "as a result of the extreme urgency of the climate crisis, we believe the court of appeals will act quickly on this matter and allow these young plaintiffs and the climate science their day in court."

The court case stems from a 2015 lawsuit filed in U.S. District Court in Eugene by attorneys representing 21 youth plaintiffs, six of whom are from Eugene. The plaintiffs are between 11 and 22 years old.

The suit alleges the government has for decades ignored the dangers associated with the burning of fossil fuels while permitting and encouraging their use. It alleges constitutional violations and seeks a court order directing the government to put in place a national plan that works to stabilize the climate.

The government repeatedly has objected to using the court to set climate policy, and also has asserted the plaintiffs lack of standing to sue. The 9th Circuit already has dismissed three petitions seeking the case’s dismissal, while the Supreme Court has twice declined to intervene.

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